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I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> WHEREAS, the DEVELOPER intends to cause its required improvements in the Plat to <br />be constructed without financial participation by the CITY. <br /> <br /> WHEREAS, the DEVELOPER desires to construct the Stage I and Stage II <br />improvements, except for those Stage II Improvements constructed by the CITY; and <br /> <br /> WHEREAS, no expenditure of CITY funds will be made until the relevant City Code <br />escrow requirements have been completed by the DEVELOPER. <br /> <br />NOW, THEREFORE, the CITY and DEVELOPER agree as follows: <br /> <br /> SECTION I <br /> STAGE I IMPROVEMENTS AND FI1NANCIAL GUARANTEES <br /> <br />City Code Compliance. The CITY approves the Plat conditioned on the <br />DEVELOPER developing the Plat in accordance with the applicable provisions of City <br />Code, Section 9.50, entitled Subdivision. <br /> <br />Conformance with Plan. The Plat shall be developed pursuant to the fina/plat plan <br />consisting of three (3) sheets of the Final Plat dated August 29, 2002; and the <br />Construction Plan for Evergreen Point 2~a Addition consisting of twelve (12) sheets dated <br />June 18, 2002; all prepared by John Oliver and Associates. <br /> <br />Incorporation of All City Code Requirements. That the recitals above and the <br />applicable provisions of the City Charter, Subdivision Code, Zoning Code and Public <br />Improvement Code of the CITY, as amended to date hereof, are incorporated herein by <br />reference. <br /> <br />Stage I Improvements Required. The improvements the CITY requires the <br />DEVELOPER to construct within the Plat are as follows: <br /> <br />g. <br />h. <br />i. <br />j. <br />k. <br /> <br />Trunk and lateral sanitary sewer system <br />Trunk and lateral watermains and appurtenances <br />Li~ Station <br />Streets with concrete curb and gutter <br />Trunk and lateral storm drainage facilities <br />Lot grading and permanent erosion control <br />Trail Construction <br />Natural gas <br />Telephone service <br />Electric service <br />Street lights (installment arranged by CITY during Stage I Improvements and paid <br />for by DEVELOPER as Stage II Improvement) <br /> <br />("Stage <br /> <br />I Improvements") <br /> Evergreen Point Second Addition Subdivision <br /> Development Agreement <br /> Page 2 of 11 <br /> <br />-83- <br /> <br /> <br />